OPEN LETTER Hon. David Elliott MP Minister for Police and Emergency Services Dear Minister, We are writing to outline our concerns about the rise in the use and application of strip searches in New South Wales. Various legal services have observed an increase in the use of strip searches where police have failed to ensure the preservation of privacy and dignity as required by law. The application and overuse of strip searches in NSW has also led the Law Enforcement Conduct Commission (LECC) to commence an investigation into the use of police powers to conduct strip searches under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA). Recent figures reveal the number of strip searches in NSW has increased from 3,735 in 2014-15 to 5,483 in 2017-18. This is an increase of nearly 47 per cent.1 Outlined below are our key concerns about current strip search practice in NSW: 1 Parliament of NSW, House Business Papers, Questions & Answers Paper No. 181, 2517 – Police- Police Strip Searches, Greens MP David Shoebridge, 14 November 2018. 2 1. A child as young as ten years of age and up to 18 years can be required to take off all their clothes in front of two adult police officers in an unfamiliar environment. The law fails to reflect child protection principles. 2. For those who have been exposed to child or adult sexual abuse, sexual assault or domestic violence a strip search can be a trigger for further trauma. 3. A strip search may be requested by a junior officer without requiring any authorisation from a more senior officer. 4. The rise in the incidence of strip searches may be an indication that such searches are being conducted without considering if the search is ‘necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary‘ (s 31(b), LEPRA). 5. Strip searches are occurring behind ‘privacy screens’ at train stations and other public areas which may not comply with the legislative requirement that a strip search be conducted in a ‘private area’. 6. Strip searches are being conducted on the street and in public spaces. There has been recent video footage of this occurring: see https://www.sydneycriminallawyers.com.au/blog/aboriginal- elder-strip-searched-on-busy-sydney-road/ and https://thebigsmoke.com.au/2019/04/10/nsw- police-conduct-yet-more-public-strip-searches/ 7. The current law does not allow for transgender, intersex and gender diverse peoples to choose the preferred gender of the officer/s to be present during a strip search. The current law only allows for a search to be conducted by an officer of the same sex as the person searched. We believe legislative change, along with cultural and policy change, may be required if the above concerns are to be addressed. To commence the discussion about legislative change, Redfern Legal Centre has commissioned a report into strip search law and practices by the Law School at the University of New South Wales. The report will be published in June and will include some key legislative recommendations to amend strip search laws in New South Wales. The report aims to propose improvements to the law by ensuring better safe guards for members of the public and better legislative guidance for police. Once the report is published, we hope to present the Minister with a copy and discuss ways we can work together to improve strip search laws in New South Wales. We the undersigned thank the Minister for considering our concerns. Signatories Elizabeth Evatt AC Janelle Clarke Former Chief Justice of the Family Court A/CEO Former member of UN Human Rights Committee Aboriginal Legal Service NSW/ACT Ltd Jane Sanders Joanna Shulman Principal Solicitor CEO The Shopfront Youth Legal Centre Redfern Legal Centre 3 George Newhouse Nicholas Cowdery AM QC Director Visiting Professional Fellow National Justice Project Faculty of Law University of NSW Jonathon Hunyor CEO Kerry Weste Public Interest Advocacy Centre President Australian Lawyers for Human Rights Professor Eileen Baldry Tim Leach Professor of Criminology Executive Director University of NSW Community Legal Centres NSW Andrew Stone SC Helen Campbell OAM NSW President Executive Officer Australian Lawyers Alliance Women’s Legal Service NSW Edwina MacDonald Professor David Dixon Legal Director Professor Human Rights Law Centre Faculty of Law University of NSW Malcolm Ramage QC Professor Gail Mason Forbes Chambers Law School University of Sydney Vasili Maroulis Managing Principal Solicitor Chris Figg Marrickville Legal Centre Director Ngiyani Pty Ltd Ramesh Rajalingam Felicity Graham Barrister Barrister Black Chambers Black Chambers Andrew Boe Jane Titterington Barrister Principal Solicitor Black Chambers Mid North Coast CLC Peter O’Brien Anna Kerr Principal Principal Solicitor O’Brien Solicitors Feminist Legal Clinic Inc. Professor Jill Hunter Julie Stubbs Faculty of Law Centre for Crime University of NSW Law and Justice University of NSW 4 Pearl Beaumont Jane Bolitho Sole Practitioner Senior Lecturer in Criminology University of NSW Cara Feiner Vicki Harding Barrister Centre Director Black Chambers Inner City Legal Centre Helen Gibbon Dr Andy Kaladelfos Lecturer Lecturer in Criminology Faculty of Law University of NSW University of NSW Professor Luke McNamara Melanie Schwartz Co-Director, Centre for Crime, Law and Justice Senior Lecturer Faculty of Law Faculty of Law University of NSW University of NSW Mehera San RoQue Amanda Porter Senior Lecturer Senior Lecturer Faculty of Law Faculty of Law University of NSW University of NSW Louise Boon-Kuo Jane Moore Lecturer Principal Law School Jane Moore Lawyer & Mediator University of Sydney South Australia Professor Alex Steel Professor Annie Cossins Faculty of Law Professor of Law & Criminology University of NSW Faculty of Law University of NSW Dr Eugene Schofield-Georgeson Stephen Lawrence Lecturer Barrister Faculty of Law Black Chambers University of Technology Sydney Hilary Kincaid Ryan Coleiro Principal Solicitor Clerk Inner City Legal Centre Forbes Chambers Michael Burke Georgia Lewer Barrister Barrister Forbes Chambers Forbes Chambers 5 Emma Golledge Mark Patrick Director Managing Principal Solicitor Kingsford Legal Centre Australian Centre for Disability Law Stacy Treloar MoniQue Hurley Chief Executive Officer Lawyer Far West Community Legal Centre Ltd Human Rights Law Centre Robert Pelletier Associate Professor Tyrone Executive Officer Kirchengast Macarthur Legal Centre Law School University of Sydney Ken Beilby Hament Dhanji SC Principal Solicitor Barrister Northern Rivers Community Legal Centre Forbes Chambers Mark Grierson Truda Gray Chief Executive Officer Centre Coordinator Advocacy Law Alliance Inc Illawarra Legal Centre Arlia Fleming Sabina Wynn Managing Principal Solicitor Director Elizabeth Evatt Community Legal Centre Immigration Advice Rights Centre Alexandra Stratigos Tara Ward Principal Solicitor Executive Director/Lawyer HIV/AIDS Legal Centre Animal Defenders Officer Inc. Nick Sabel Effi Vassiliadis CEO Acting Executive Officer Western Sydney Community Legal Centre South West Sydney Legal Centre .